Chapter 16.36
VARIATIONS
Sections:
16.36.010 Generally.
The city may authorize such a variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the terms of this title will work a special hardship upon the applicant; however, such variance shall not be granted unless and until:
A. A written application, accompanied by the specified application fee, is submitted demonstrating all of the following:
1. That the variance is necessary because of special conditions and circumstances relating to the size, shape, topography, location or surroundings of the subject property (land involved), and such variance will provide use rights and privileges permitted to other properties in the vicinity, located in the same zone as the subject property, and developed under the same land use regulations as the subject property requesting the variance;
2. That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same area under the terms of this title;
3. That the special conditions and circumstances do not result from the actions of the applicant;
4. That the special hardship is not self-inflicted;
5. That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands in the same area;
6. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity and zone in which the subject property (land) is located;
7. That financial gain is not the ground or grounds for this variance;
8. That the variance is in harmony with the intent and purpose of the comprehensive plan, other relevant city ordinances or this title; and
9. That the variance granted is the minimum amount necessary to comply with the approval criteria listed above, and the minimum necessary to accommodate the permitted uses proposed by the application; in addition, the scale of the use shall be reduced as necessary to meet this requirement.
B. The planning commission shall hold an open record public hearing to consider the matter in accordance with the procedures and standards for conducting an open record public hearing. The variance request shall be considered concurrently with the preliminary plat or binding site plan during the open record public hearing. If the variance requested is associated with a short subdivision or boundary line adjustment, then the variance shall be decided by the hearings examiner in accordance with procedures established in Chapter 17.79 CRMC prior to the administrator’s decision on the short subdivision or large lot.
C. The city council, after receipt of the planning commission’s recommendations for approval or disapproval of the variance and approval or disapproval of the preliminary plat or binding site plan, shall at its next regularly scheduled meeting schedule a closed record public hearing to consider the planning commission’s recommendations and make its decision whether to grant the variance or deny it and whether to approve, approve with conditions or deny the preliminary plat or binding site plan. In the case of a variance from short subdivision and large lot provisions, the hearings examiner’s decision is final.
D. In granting variances and modifications, the hearings examiner/planning commission may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements so varied or modified.
E. A final determination on a variance application may be appealed to superior court of Cowlitz County. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].